CORRECTIONS IMPACT STATEMENT

SESSION: 15RS BILL #: 40 BR #: 151 DOC ID#: HB004010.100 - 151 - 4924

BILL SPONSOR(S): Darryl T. Owens AMENDMENT SPONSOR(S):

SUBJECT: AN ACT relating to criminal records.

SUMMARY OF LEGISLATION: Amend KRS 431.076 to expand the scope of an expungement motion under that statute to include felonies referred to a grand jury where no indictment ensues; amend KRS 431.078 to expand that statute's expungement process to include Class D felonies; amend KRS 527.040 to expressly provide that an expunged felony does not trigger the application of that statute.

HCS - Retain original provisions; create a new section of KRS Chapter 413 to prohibit the introduction of information pertaining to an expunged conviction as evidence in a civil suit or administrative proceeding alleging negligent hiring or licensing.

This bill amendment committee substitute is expected to:

Have the following Corrections impact Have no Corrections impact

Creates new crime(s) Repeals existing crime(s)

Increases penalty for existing crime(s) Decreases penalty for existing crime(s)

Increases incarceration Decreases incarceration

Reduces inmate/offender services Increases inmate/offender services

Increases staff time or positions Reduces staff time or positions

Changes elements of offense for existing crime(s)

Otherwise impacts incarceration (Explain)

STATE IMPACT: Class A, B & C felonies are based on an average daily prison rate of $60.38. Most Class D felons are housed in one of 79 full service jails for up to 5 years. DOC’s cost to incarcerate a felony inmate in a jail is $32.92 per day (includes jail per diem, medical & central office costs), not including substance abuse treatment. Projections are based on the daily rate x 365 x number of years.

Projected Impact: NONE MINIMAL MODERATE SIGNIFICANT

Section 002 Adds offenders who have had a single Class D felony or a series of Class D felonies arising from the same incident to the group of individuals who are eligible to request expungement of their criminal records after remaining crime free for a specified amount of time after release.

The provisions of this bill fall within the department's philosophy of removing barriers for ex-offenders to be successful in the community once they have paid their debt to society. This bill is expected to increase staff time to research and process the expungement of records; however, the impact is expected to be minimal.

LOCAL IMPACT: Local governments are responsible for the cost of incarcerating individuals charged with Class A or B misdemeanors and felony defendants until disposition of the case. While the expense varies by jail, this estimated impact will be based on $32.25 per day, which equals the per diem and medical that DOC pays jails to house felony offenders.

Dept. of Corrections Dept. of Kentucky State Police Administrative Office of the Courts Parole Board Other

NOTE: Consideration should be given to the cumulative impact of all bills that increase the felon population or that impose new obligations on state or local governments.

APPROVED BY: ______

Commissioner, Kentucky Department of Corrections Date